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Indianapolis Assault & Battery lawyers

Assault and battery are actually two separate crimes and can be prosecuted as either a misdemeanor or a felony. This frequently depends on the nature and seriousness of the injuries. Not all cases of assault and battery are clear, so it is important to contact a criminal lawyer to represent you and make sure that your legal rights are respected and you are aware of all of your options.

If you have been charged with assault and battery in Indiana, contact a Indianapolis Assault and Battery lawyers for a free consultation.

Assault is the threat of violence on another person, even if that person is not touched. Battery is any offensive touching of another person with the intent to cause harm. An unwanted touching, even if it does not result in pain to the other person, may still legally qualify as a battery. Fundamentally, no person has the lawful right to lay hostile or menacing hands on another. However, the law does not require people to submit meekly to the unlawful infliction of violence upon themselves. An experienced attorney can provide you with the necessary aggressive defense to charges of assault and battery in the courts.

Types of Assault and Battery / Penalties

Assault and battery charges can range from misdemeanors to the most serious felonies. State statutes frequently include special protection for groups of people considered vulnerable or at higher risk of being subject to an assault and battery. For example, an assault and battery against a child, especially an indecent assault, can result in much harsher sentences than a fistfight in a tavern. Similarly, assault and battery against public servants (including firefighters, police and emergency medical personnel), educators, the elderly, disabled people or pregnant women can result in more severe sentencing.

Most states also provide for harsher sentences when an assault and battery is committed in the process of collecting a loan, stealing a car, or committing another crime. In addition, many states provide for enhanced penalties when the assault and battery is directed toward people on the basis of their race, color, religion, national origin or sexual orientation. Assault and battery against a spouse or someone with whom you share a home can result in criminal penalties, as well as restraining or protective orders that prevent the accused from returning to the home or seeing the person alleging the assault and battery.

Some states have "three strikes" laws and an assault and battery charge can result in very lengthy prison time under those laws. However, alternative sentences may be given in certain cases. Because the potential penalties are so severe, it is important to call an attorney as soon as possible to obtain the best results under the particular facts and law of your case. Your attorney's knowledge of defenses, sentencing guidelines, and alternative sentencing options will be vital to obtaining the best possible outcome.

The overall circumstances leading up to the charges of assault and battery have significant impact on the defense of the case and the potential penalty that can be imposed. Many assault and batteries stem from escalating arguments or feuds and result in little more than minor injuries. Such cases are usually treated as misdemeanors. However, even a misdemeanor conviction has the potential to result in up to a year in jail. Based on the severity of the assault and battery, the charge may be filed as a felony. In addition, an accused's prior history of assault and battery crimes, as well as other crimes, can result in sentencing of a much longer duration. An experienced criminal defense lawyer will be able to explain the potential penalties as they apply to you and work with you to develop the best defense.

Conclusion

Assault and battery charges can have serious consequences and negatively impact your life far into the future. Each assault and battery case is unique and different laws may apply, depending on whom is making the accusation, the past history of the person accused, and the circumstances surrounding the incident. Because a conviction threatens to deprive you of your freedom, your ability to get or keep a job, and the loss of important privileges, it is important that you takes these charges very seriously and contact an attorney now.

If you have been charged with assault and battery in Indiana, contact a Indianapolis Assault and Battery lawyers for a free consultation.

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